The Special Marriage Act, 1954
CHAPTER II: SOLEMNIZATION OF SPECIAL MARRIAGES
Section 12: Place And Form Of Solemnization
Bare Act
(1) The marriage may be solemnized at the office of the Marriage Officer, or at such other place within a reasonable distance therefrom as the parties may desire, and upon such conditions and the payment of such additional fees as may be prescribed.
(2) The marriage may be solemnized in any form which the parties may choose to adopt: Provided that it shall not be complete and binding on the parties unless each party says to the other in the presence of the Marriage Officer and the three witnesses and in any language understood by the parties, - "I, (A), take thee (B), to be my lawful wife (or husband)".
Simplified Act
(1) You can have your wedding at the office of the person in charge of marriages, or somewhere close by if you prefer, but there might be extra conditions and fees.
(2) You're free to get married in any way you like… Read the complete text with KanoonGPT Pro.
Explanation using examples
Imagine a couple, Rita and Arjun, who come from different cultural backgrounds and want to get married under the Special Marriage Act, 1954. They approach the local Marriage Officer to schedule their marriage ceremony. According to Section 12(1), they have the option to hold the ceremony at the Marriage Officer's office or at a nearby venue of their choice, perhaps a community hall close to where they live. They choose the community hall and agree to pay any additional fees required for the offsite ceremony.
On the day of their wedding, as per Section 12(2), Rita and Arjun decide to have a simple ceremony without any elaborate religious rituals, which is their right under the Act. During the ceremony, in the presence of the Marriage Officer and three friends who are acting as witnesses, they exchange vows in English, a language they both understand. Rita says, "I, Rita, take thee Arjun, to be my lawful husband," and Arjun reciprocates with, "I, Arjun, take thee Rita, to be my lawful wife." With these words, their marriage becomes legally binding under the Special Marriage Act.
